Articles Posted in Nursing Home Attorneys

coronavirus nursing home inspections

Government Re-Prioritizes Nursing Home Inspections and Visits Due to Coronavirus

The coronavirus epidemic is pausing inspections conducted by State Survey Agencies (SSAs). The most recent Centers for Medicare & Medicaid Services (CMS) guidance related to nursing homes and coronavirus includes a pull-back of regular CMS inspections. The federal agency said it would only conduct revisits when Immediate Jeopardy (IJ) is cited.

CMS defines IJ as: “… a situation in which entity noncompliance has placed the health and safety of recipients in its care at risk for serious injury, serious harm, serious impairment or death. These situations must be accurately identified by surveyors, thoroughly investigated, and resolved by the entity as quickly as possible. In addition, noncompliance cited at IJ is the most serious deficiency type, and carries the most serious sanctions for providers, suppliers, or laboratories (entities). An immediate jeopardy situation is one that is clearly identifiable due to the severity of its harm or likelihood for serious harm and the immediate need for it to be corrected to avoid further or future serious harm.”

Steven Levin Speaks with Chicago’s ABC7 About Coronavirus and Understaffed Nursing Homes
As of March 19, public health officials in Illinois have recognized four long-term care facilities in the Chicago area reporting COVID-19 cases. This includes a possible coronavirus outbreak inside a nursing home in west suburban Willowbrook involving 46 people, including 33 residents and 13 staff.


As public health officials wait on additional test results to come back related to Willowbrook, two residents have tested positive for COVID-19 in Evanston at Three Crowns Park, there is one confirmed case at Admiral at the Lake facility in Chicago’s Edgewater, and a staff member at the Church Creek Senior Living Center in Arlington Heights is also infected. Nursing home advocates and family members of residents are only left to wonder how the viral spread might make its way into other facilities around the state.

Levin & Perconti founder and attorney Steven Levin joined ABC7 to talk about how an already understaffed long-term care system continues to weaken the care of our most vulnerable citizens due to COVID-19.

Steve Levin

A message from Attorney Steven Levin

Nursing home residents are at the center of a perfect storm: starkly vulnerable to the novel coronavirus, which has proven particularly deadly to the elderly, and cut off from those who can most effectively speak up to protect them.

As experienced advocates for patients in long term care and their families, our firm is ready to help you ensure that your loved ones stay safe and healthy.

coronavirus in nursing homes

Concern for Coronavirus Spread is Now a Sobering Reality for Illinois Nursing Homes

On Tuesday, March 15, Gov. J.B. Pritzker announced the first death from the new coronavirus in Illinois. The woman had close contact with another person infected with the virus. The Illinois Department of Public Health (IDPH) said she did have an underlying health condition but was not a resident of a nursing home facility. Although a total of 160 cases of COVID-19 have now been tracked in the state, including 22 cases at Willowbrook nursing home in DuPage County impacting 18 residents and four employees. Chicago’s WGN9 reported the first resident’s confirmed test over the weekend by state health officials. The resident is now in critical condition. The virus has since moved quickly to others at the Chateau Nursing and Rehabilitation Center, located in the 7000 block of South Madison Street in Willowbrook.

Fast-Changing Information About Coronavirus in Illinois (March 17, 2020)

filing a nursing home complaint
How to Prepare Your Nursing Home Complaint and Who to Contact

The Illinois Department of Public Health and the U.S. Department of Health and Human Services’ Centers for Medicare and Medicaid Services (CMS) regulates and inspects Illinois nursing homes and long-term care facilities under the state’s licensing acts, regulations, and federal Medicare Conditions of Participation. The state’s 24-hour a day Nursing Home Hotline receives nearly 19,000 complaint calls each year.

Here is a list of the most common complaints associated with chronic nursing home problems in Illinois.

chronic nursing home problems

New Investigation Shows Continual Lax in Oversight of U.S. Nursing Homes

State-licensed elder facilities in Illinois may include assisted living facilities, residential or personal care homes. Each is supposed to be a place for individuals to go when they are no longer able to care for themselves, require help with daily tasks or a managed medical or physical rehabilitation. Unfortunately, dozens of investigations into these facilities across the county have revealed a repetitive cycle in relaxed state-licensed oversight, understaffing, preventable injuries, dangerous abuse and neglect, and tragic deaths.

The most recent investigation making headlines comes from a partnership between Vermont Public Radio and Seven Days. Seven Days is an alt-weekly publication distributed throughout Vermont. The news sources told the story of 78-year-old Marilyn Kelly, a resident placed in a 13-bed care facility by the name of Our House Too to help manage her dementia. According to the report and interviews by the woman’s children, it only took eight months for a flurry of poor care and neglectful events to arise that ultimately ended in her alleged wrongful death.

Levin & Perconti is proud to welcome Cari F. Silverman and Jaime Koziol Delaney as the firm’s newest partners.
Levin & Perconti is proud to welcome Cari F. Silverman and Jaime Koziol Delaney as the firm’s newest partners. Cari has been with the firm since 2010 and earned her law degree from The University of Illinois at Urbana-Champaign. Her most notable settlements include a $6 million medical negligence settlement and a $4.75 million medical malpractice settlement. Jaime graduated from DePaul University College of Law in May 2011 and began working at Levin & Perconti in April 2012. She has successfully settled a variety of cases, including a $9 million medical malpractice case, a hospital fall lawsuit, and many nursing home negligence cases.

The two new partners bring the firm’s partnership to seven members, four of whom are women. They will join founding partners Steven Levin and John Perconti, and partners Susan L. Novosad, Michael F. Bonamarte, IV, and Margaret P. Battersby Black to lead the Chicago-based legal team in upholding a reputation of earning million dollar client verdicts and settlements for clients.

“We are so proud of the work Cari and Jaime do for our clients and of their emerging leadership within our firm,” said co-founding partner Steven M. Levin. “These women are talented and tenacious advocates who get top results for the people they represent while also being excellent, collaborative team members to work with.”

nursing home security failure

Nursing Home Resident Was Smothered to Death by Signed-In Visitor

Police in Florida have arrested William Hawkins, 47, after being charged with breaking into the Tiffany Hall Nursing & Rehab Center in Port St. Lucie and smothering a 95-year-old resident to death with a pillow. The man matched the description provided by staff members and was also listed as a visitor for the victim. The murder happened in January 2020.

The man reportedly confessed to the crime while speaking to his estranged sister in jail and explained that the nursing home resident had written a book about him that upset him. According to The Daytona Beach News-Journal, Hawkins answered “yes” when asked if he smothered the victim and confessed to planning the killing for years.

preparation for coronavirusAre Illinois Nursing Homes Prepared to Prevent Coronavirus from Spreading?

Sicknesses can quickly spread when people are in closer proximity because viruses loom in the air and on surfaces that are touched and shared. Nursing home residents are often enclosed within shared spaces for eating, socializing and living, making the facilities home to several highly contagious viruses. As U.S. cases of the Wuhan Coronavirus continue to rise, including an elderly couple from Chicago, Illinois, nursing homes should be well-informed and prepared to handle a potential case of an infectious disease outbreak related to the sometimes-deadly respiratory illness.

As of February 5, 2020, the facts about Coronavirus according to news sources and the Centers for Disease Control and Prevention (CDC) include:

taking care of alzheimers

Alzheimer’s and Dementia Residents Can Struggle with Communication

According to the latest Alzheimer’s Association report, an increase in those with declining cognitive abilities impact an estimated 230,000 people in Illinois, a number that is expected to rise nearly 13 percent by 2025. Dementia, a form of Alzheimer’s, is one of the only top-10 causes of death in the U.S. that cannot be prevented, cured, or slowed.

The majority of individuals diagnosed with dementia grow to rely on care provided by a nursing home to help manage their daily activities, medications, financial needs and assist them while residing in a safe environment. And as their dementia moves into later stages, help in communicating will also be required. The person may not be able to speak, or when they do, they may present lost in thought or provide confusing responses.

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